Bill > HB1604

This bill establishes new guidelines for conducting searches of transgender and intersex individuals held in local jails, ensuring compliance with federal law, specifically the Prison Rape Elimination Act (PREA). Key provisions include prohibiting searches solely to determine a person's genital status, requiring that such information be obtained through less intrusive means like conversations or medical examinations by a practitioner. Jail staff must receive training on conducting searches of transgender and intersex individuals in a professional, respectful, and least intrusive manner. For strip searches, transgender and intersex individuals will have specific options, including choosing the gender of the searcher, having the search conducted by a medical professional, by female staff only, or in accordance with their stated gender identity. The bill also mandates policies to prevent nonmedical staff of the opposite gender from viewing sensitive body parts during private activities like showering or changing, except in emergencies, and clarifies that a lack of trained female staff is not an exigent circumstance for a cross-gender search. Searches will not be based solely on the facility's gender designation but must consider the individual's gender identity and preferences. Searches by individuals of a different gender are only permitted in exigent circumstances requiring immediate action to address a threat to security. Local jails are required to implement these standards by September 1, 2026, and "gender identity" is defined as in existing state law. The bill also amends existing law (RCW 10.79.100) to incorporate these protections for transgender, gender nonconforming, and intersex individuals undergoing strip searches.

Housing and Urban Affairs, Labor and Employment

https://app.leg.wa.gov/billsummary?BillNumber=1604&Year=2025&Initiative=false